Excerpt: ...arty to comp lete their tasks with no harassment. On May 3, 2023, the parties executed and filed a Stipulation and Order formalizing the agreement. An enforceable settlement agreement under Code of Civil Procedure (CCP) §664.6 must either be entered into orally before a court or be in writing and signed by the parties. (S ee In re Marriage of A ssemi (1994) 7 Cal.4th 896, 905.) These alternative requirements aim to minimize misunderstandings. D...

Excerpt: ...ther the alle gations in the 5AC, “fairly describe what [the] entity is alleged to have done.” (Stockett v. Association of Cal. Water Agencies Joint Powers Ins. Authority (2004) 34 Cal.4th 441, 446.) While a government claim need not match the specificity of a pleading in a civil action, it must still provide a reasonable account of what the entity is alleged to have done. When a civil action follows the rejection of a government claim, the ...

Excerpt: ... pay all escrow fees an d carry back the entire purchase price (minus $1,000) as a promissory note with only 3% interest. Based on the amortization schedule provided by escrow, plaintiffs were not due to be paid in full until after two of three plaintiffs had reached the age of 1 07. Plaintiffs allege in their Complaint that many of the terms “understood" by the parties did not make it into the Residential Purchase Agreement (RPA) signed by...

Excerpt: ...plaintiff's cause of ac tion and raises the legal issue, regardless of the existence of triable issues of fact, of whether the complaint states a cause of action. The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer. The pl eadings are to be treated as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. “We review the complaint ...

Excerpt: ...sen concerning t he survey described in the settlement. To summarize, plaintiff's surveyor first provided a thirty -foot easement centered on the existing easement then, after receiving defendant's objections, reduced the width to eighteen feet. Defendant nevertheless refus es to execute and allow the recording of the Deed of Easement, wanting the width of the entire linear easement surveyed and reflected in the deed. An enforceable settlement ...

Excerpt: ...d for the Law & Motion calendar shall include the following language in the notice: 3.3.7 Tentative Rulings (Repealed Eff. 7/1/06; As amended 1/1/18) All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are av ailable by 2:00 p.m. on the court day preceding the scheduled hearing and can be accessed either through the court's website or by telephoning 209- 754-6285. The tentative ruling ...

Excerpt: ...ge is limited to the "four comers" of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. The complaint is read as a whole. Material facts properly pleaded are assumed true, but conte ntions, deductions or conclusions of fact/law are not. In general a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordin...

Excerpt: ...never agreed to, or intended, between the Parties. On October 10, 2024, Special Interrogatories, Set Two, were served on defendant. By letter to defense counsel dated December 5, 2023, plaintiff demanded that answers (without objection) and extended the date to Decembe r 19, 2023. When defense counsel was relieved, plaintiff further extended the time to respond to the discovery to January 26, 2024. This motion was filed on February 9. 2024. To d...

Excerpt: ...� The latest cross -complaint was filed after a January 19, 2024, hearing where the Court granted leave to file the Fourth Amended Cross -Complaint. Cross - defendant argues for reconsideration of this ruling because cross -complainant had inexcusably delayed the request, that actual prejudice to the parties exists, and procedurally that facts in support of the motion were improperly included in the reply brief instead of the moving pleadings. ...

Excerpt: ...ties LLC. v Foster in Calaveras County Superior Court Case No.20 UD13121.” (Motion for Leave to File Amended Answer, 2:10 -15.) Courts have long exercised liberality in permitting amendments to pleadings, particularly amendments to answers. Permalab - Metalab Equipment Corp. v. Maryland Cas. Co. (1972) 25 Cal.App.3rd 465, 472. Defendants' remedy is to request leave of the court to amend their answer to assert the defenses. " If either party...

Excerpt: ...imary grounds fo r the motions are the unenforceability of an illegal contract, i.e., unpermitted cannabis cultivation. Defendant contends that he is entitled to summary judgment/adjudication because plaintiff cannot recover on any of the causes of action stated in the C omplaint (Breach Of Oral Contract, Breach Of Written Contract, Common Count: Goods and Services Rendered, Intentional Misrepresentation, Negligent Misrepresentation, and False Pr...

Excerpt: ...ame a participatin g mental health and substance abuse provider in the defendant's network. Plaintiff alleges that defendant improperly terminated the agreement and therefore plaintiff's participating provider status. Defendant has moved for an order compelling all claims to arbitration and stay court proceedings under the Federal Arbitration Act (“FAA”) and the terms of the arbitration clause of the parties' agreement. Defendant makes three ...

Excerpt: ...ide a default or default judgment on such terms as may be just and to allow the defendant to defend the action on a finding that the defendant's motion to set aside the default or default judgment was made within the period permitted by CCP §  473.5(a), and that defendant 's lack of actual notice of the action in time to defend was not caused by his or her avoidance of service of summons or inexcusable neglect. An evaluation of an attorney...

Excerpt: ...the inclusion of the following language on all matters noticed for the Law & Motion calendar: Pursuant to Local Rule 3.3.7, the Court will make a tentative ruling on the merits of this matter by 2:00 p.m. the court day before the hearing. The complete text of the tentative ruling may be accessed on the Court's website or by calling 209 -754- 6285 and listening to the recorded tentative ruling. If you do not call all other parties and the Court by...

Excerpt: ... argue that Lambert entitles them to the expungement of the recorded mechanic's lien for two reasons: (1) the lien is unjustiÞed because defendant was not licensed during the subject construction project; and (2) the amount of the lien, is overstated (and therefore unjustiÞed). A Lambert motion to remove a mechanic's lien is recognized as a device that allows the property owner to obtain speedy relief from an unjustiÞed lien, or a lien of an u...

Excerpt: ...o separate discovery motions brought by plainti
¯. On October 11 2023 plainti
¯ served second set of form interrogatories second set of special interrogatories second set of requests for admission and second set of document production requests to defendant who has not responded to these discovery requests requested an extension of time to respond or contacted plainti
¯'s counsel (Initial Motion). Plainti
¯'s 330-page Second Motion soug...

Excerpt: ...ion and viability. Specifically, defendants claim that plaintiff has engaged in a pattern of collecting rent from various Park renters and entering into new rental agreements purporting to let spaces she is not legally entitled to lease, interfering with Park financial obligations, such as payments and payroll, and that plaintiff intends to continue taking those rent or lease payments. The motion is based on a request for judicial notice, declara...

Excerpt: ...ing commerce." (9 U.S.C. S 2.) The US Supreme Court has interpreted the FDA's application broadly, stating that the FAA is a "body of substantive law enforceable in both state and federal courts." (Perry v. Thomas, (1987) 482 U.S. 483, 489 [citing Southland Corp. v. Keating (1984) 465 U.S. 1, 11—12]. Here, the arbitration agreements signed by each plaintiff expressly provide that the FAA governs their terms and that they evidence a transaction ...

Excerpt: .... (Code of Civil Procedure 5430.30(a).) Objections to a complaint may be made on grounds including the court lacking subject matter jurisdiction of the cause of action alleged, and the complaint not stating facts sufficient to constitute a cause of action. (CCP. S 430.10.) "Where written documents are the foundation of an action and are attached to the complaint and incorporated therein by reference, they become a part of the complaint and may be...

Excerpt: ...that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case." Additionally, CCP S 1048(b) allows the court to order a separate trial of any cause of action, any separate issue, or any number of causes of action or issues "in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy . "As the cases explain, the objective of th...

Excerpt: ...tion of a class action, a fee refund, and a declaration that an element of defendant's fee is invalid. Defendant has demurred pursuant to Code of Civil Procedure section 430.10 (e), contending the second amended complaint fails to state facts sufficient to constitute a cause of acton in that they are barred by the applicable statute of limitations outlined in Government Code section 53759 (a), and asserting that the Court has no jurisdiction over...

Excerpt: ...ught by plaintiff. On October 11, 2023, plaintiff served second set of form interrogatories, second set of special interrogatories, second set of requests for admission, and second set of document production requests to defendant who has not responded to these discovery requests, requested an extension of time to respond, or contacted plaintiff's counsel (Initial Motion). The 330-page Second Motion seeks to compel further responses to the supplem...

Excerpt: ...). During the deposition, the deponent made it clear that he would not answer any questions regarding the purpose of his meetings and communications with Carolyn or Francille Peters (Carolyn's daughter whom Mr. Cottrell says was authorized to speak for Carolyn) unless a court ordered him to do so. The Separate Statement filed in conjunction with this motion, sets out five questions where Mr. Cottrell was instructed not to answer the question: 1. ...

Excerpt: ...he plaintiff must plead facts showing two elements: (1) the defendant has subjected an elder to statutorily defined physical abuse, neglect or financial abuse; and (2) the defendant acted with recklessness, malice, oppression, or fraud in the commission of the abuse. (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 407.) "The plaintiff must allege (and ultimately prove by clear and convinc:ing evidence) facts establishi...

Excerpt: ...te motions brought by plaintiff/cross-defendant: 1. Motion to Strike Cross-complaint; 2. Demurrer to Cross-complaint; 3. Demurrer to Answer; 4. Demurrer to Cross-complaint; and 5. Demurrer to Answer. Notices of Nan-opposition have been filed on each as defendant/cross-complainant has did not file any opposition or response. The court is entitled to consider that lack of opposition to be an admission that the demurrers and motions to strike are me...